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Committee

Criminal Justice Committee 21 May 2025

21 May 2025 · S6 · Criminal Justice Committee
Item of business
Non-fatal Strangulation
Professor White Watch on SPTV

It is vital because, unless we have the data, we do not know what we are dealing with. First, the public have to have an awareness of the issues. If I see someone who has been strangled, I think about the medical side and the criminal justice side—I wear two hats.

From a medical perspective, improved data collection is important because, if someone does not have a history of strangulation, or if that history does not follow the person through their medical journey, there might be no appreciation of why they have particular symptoms or signs and why they are reacting in the way that they are. With strokes, psychological issues or swallowing issues, for example, we need to know whether the person has been strangled. There is not enough awareness among professionals, but we are trying to change that.

10:15  

On the criminal justice side, everyone in the chain needs to have an awareness of strangulation and an appreciation of its dangers, because that might affect bail conditions. I said in my written submission that strangulation should be seen as a

“red flag for future lethality”.

That must be appreciated. We cannot lump it together with a slap, kick or punch, because it is a different beast and must be treated as such.

Everyone who is making decisions must have an awareness of who has been strangled and who has strangled someone, and they must know what that could mean.

In the same item of business

The Convener SNP
Our main item of business is an evidence session on non-fatal strangulation, which includes consideration of the issues raised by petition PE2136, in the nam...
Fiona Drouet (EmilyTest)
Good morning, convener and members. The harms of non-fatal strangulation are significant in the immediate term and in the long term. We are looking at brain ...
Fiona McMullen (Advocacy Support Safety Information Services Together)
It is a privilege for me to amplify the voices of ASSIST victims and victims on the SafeLives authentic voice panel in relation to this issue. I would like ...
Professor Cath White (Institute for Addressing Strangulation)
Thank you for asking me to come and speak to the committee. I could probably talk all day about the impacts of strangulation, but I will not. I agree complet...
The Convener SNP
Thank you. Before I bring in other members, I have a follow-on question for Professor White. You have described some of the impacts very powerfully. Would th...
Professor White
It is vital because, unless we have the data, we do not know what we are dealing with. First, the public have to have an awareness of the issues. If I see so...
The Convener SNP
Before I hand over to Liam Kerr, I give the usual reminder to keep questions and answers succinct, because there is a great deal of interest in the issue.
Liam Kerr (North East Scotland) (Con) Con
I thank all the witnesses for coming to help us today. What we have heard already has been very powerful. I will turn to Professor White first but invite oth...
Professor White
I am not sure that I am best placed to answer that question because I do not have expertise in Scottish law. There does not have to be an injury in England ...
Liam Kerr Con
The point about data is an important one. My question, which I will throw open to Fiona Drouet, is, do we require a legislative fix or is there something tha...
Fiona Drouet
My concern about looking for potentially quicker alternatives is whether they would be as effective. For example, if strangulation was an aggravator, would t...
Fiona McMullen
That links to domestic abuse legislation and whether we think that it goes far enough to capture non-fatal strangulation. We welcomed that legislation—it is ...
Liam Kerr Con
I am very grateful. For the record, and for anyone watching, when you talked about DASA, you were talking about the Domestic Abuse (Scotland) Act 2018. I w...
Fiona McMullen
It is a complex issue. We have largely incident-based reporting at the moment. We are not capturing non-fatal strangulation in those reports. I feel that we ...
Liam Kerr Con
I understand.
Fiona Drouet
Fiona McMullen articulated that very well. We are failing victims if strangulation is seen as an add-on—for example, a common assault with strangulation. How...
Fiona McMullen
I will briefly add that 223 of those victims were aged under 30.
Pauline McNeill (Glasgow) (Lab) Lab
I was first alerted to this issue at a cross-party evening meeting. Some of the other committee members were also in attendance. I learned things that I knew...
Fiona Drouet
I absolutely agree. I think that it is influenced heavily by pornography and many other social factors. We talk about consensual sex, but I always call it so...
Fiona McMullen
I will add briefly to that. As I said, we did 1,201 risk assessments. Only 18 of the 596 victims who had experienced strangulation said that it was during se...
Professor White
My background is in sexual violence, and there is, of course, a big overlap between domestic abuse and sexual violence. That goes back to some of the earlier...
Pauline McNeill Lab
Thank you. I will explore that issue further. Any anecdotal evidence would suggest that it is not even specific to men or women, but I have not seen the data...
Fiona Drouet
I am happy to come in. I always think that it puts us in a more fortunate position that we can look at other jurisdictions and the weaknesses in their existi...
Professor White
With regard to consent, I am not a lawyer, but my understanding is that, in England and Wales, you cannot consent to something that does you serious harm. Th...
Fiona McMullen
I am here to think about domestic abuse, and it is a repeat crime: domestic abuse is unique and quite distinct in its nature. Campaigning is really importan...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
Good morning. Fiona Drouet, I want to ask you something aside from our discussion about whether there should be a stand-alone offence. Do you think that, dur...
Fiona Drouet
It would absolutely be helpful, and at all levels. When the Crown discloses that the matter relates to domestic abuse, the question should be asked. Indeed, ...
Rona Mackay SNP
My thinking was that it would at least raise awareness, during the prosecution, that that had happened.
Fiona McMullen
That should be happening just now. When the police go to a domestic abuse incident, they will offer every victim the same risk assessment, which I have spoke...
Rona Mackay SNP
I was interested in what you said in your opening comments about the case in which someone was in a car, coming home from their mother’s funeral. You just do...